Pegues v. Haden
Texas Supreme Court
Appeal from Houston. Tried below before Hon. F. A. Williams. This suit was brought by appellee Margaret E. Haden, February 23, 1887, a daughter of Phillip and Eliza Alston, deceased, to establish her claim against appellants to four-sixths of, the entire estate which was •community of her deceased parents, Eliza and Phillip Alston, claiming by inheritance from Eliza all her one-half and by will of Phillip one-third of his half.
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Appeal from Houston. Tried below before Hon. F. A. Williams. This suit was brought by appellee Margaret E. Haden, February 23, 1887, a daughter of Phillip and Eliza Alston, deceased, to establish her claim against appellants to four-sixths of, the entire estate which was •community of her deceased parents, Eliza and Phillip Alston, claiming by inheritance from Eliza all her one-half and by will of Phillip one-third of his half. There were originally four children, but all deceased at the time of the death of Phillip and Eliza except plaintiff. Defendants are descendants of the deceased…
1Opinion of the Court
COLLARD, Judge.
Appellants’ first assignment of error is as follows:
“ The agreement among the heirs to divide the estate into four parts and to distribute it among the original heirs and their descendants, and the part execution of such agreement, was binding upon all such heirs, and the court erred in not so holding.”
The court below came to the conclusion that the distribution of the estate of Eliza Alston was not made under the verbal agreement referred to in the assignment of error, and we concur in that conclusion. After the “general verbal agreement,” as it is called, was made, there was…
2Cases cited5 opinions
- Hunt v. WhiteTexas Supreme Court · 1859
- Camoron v. ThurmondTexas Supreme Court · 1881
- Davis v. AgnewTexas Supreme Court · 1886
- Burgess v. HargroveTexas Supreme Court · 1885
- Cartwright v. MooreTexas Supreme Court · 1886
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